The Australian minister for immigration has used his executive powers to revoke Novak Djokovic’s visa for a second time on the grounds of ‘health and good order.’
The decision by Alex Hawke comes after the 20-time Grand Slam champion won a legal battle earlier this week to reverse a decision by the border force to cancel his visa on the ground he provided insufficient evidence to enter the country. The judge ruled in Djokovic’s favour because the procedure followed was deemed as unfair.
However, Hawke has used his power under section 133C(3) of the Migration Act to cancel the visa once again. The Serbian now faces the prospect of being deported from the country but is allowed to appeal against such a ruling. Although if he decides to do that it is unclear if such a dispute will be resolved in time for the start of the Australian Open on Monday. Throwing the men’s draw into chaos.
“Today I exercised my power under section 133C(3) of the Migration Act to cancel the visa held by Mr Novak Djokovic on health and good order grounds, on the basis that it was in the public interest to do so,” mr Hawke said in a statement.
“This decision followed orders by the Federal Circuit and Family Court on 10 January 2022, quashing a prior cancellation decision on procedural fairness grounds.
“In making this decision, I carefully considered information provided to me by the Department of Home Affairs, the Australian Border Force and Mr Djokovic.
“The Morrison Government is firmly committed to protecting Australia’s borders, particularly in relation to the Covid-19 pandemic.”
Djokovic’s entry into Australia has been the subject of controversy amid an argument over his medical exemption to play in next week’s Grand Slam. Australian law requires all visitors to be vaccinated against COVID-19 unless they are exempt from doing so. In his defence the tennis star, who is unvaccinated, said he tested positive for the virus in December and Tennis Australia awarded him a medical exemption which went through two independent medical panels. However, the government argues that they have previously stated to Tennis Australia that prior infection is not an acceptable reason to enter the country.
According to The Age newspaper, sources have confirmed officials intend to move Djokovic back into some form of immigration detention facility Friday evening. Alternatively, his only other option is to leave the country.
Should Djokovic decide not to appeal against the decision he will be deported immediately and also faces the possibility of being refused a visa to enter Australia for the next three years.
As for the Australian Open men’s tournament, if the top seed is removed from the draw fifth seed Andrey Rublev will fill in his slot in line with the rules. Gael Monfils would then replace Rublev, Alexander Bublik would become the No.33 seed and his slot will be filled in by a lucky loser.
MORE TO COME
